Section 7A Statutory forms; substitution; enforcement of conditions
[Text of section effective until July 1, 2011. Repealed by 2008, 521, Sec. 37. See 2008, 521, Sec. 44.]
Section 7A. The various conditions set forth for the bonds of fiduciaries specified in section one shall be known as statutory conditions for their several purposes and may be incorporated by reference. All bonds upon such conditions given by persons accepting appointments as such fiduciaries shall be, and be interpreted as, payable to the judge or the senior judge of the court making the appointment and his successors for the benefit of persons interested but it shall not be necessary to specify the judge or any other persons as obligees in the bonds. Such bonds shall be jointly and severally binding upon the parties thereto and the heirs, executors and administrators of each of them without so specifying therein. No letter of appointment need be issued to any fiduciary or recorded, but in lieu thereof an attested copy of the decree of appointment with a copy of the statutory condition shall be issued to the appointee. The direction to post or publish notice of appointment, when necessary, may be inserted in or annexed to said decree. The following forms of bonds may be used and shall be known as statutory forms and shall have the same force and effect as the forms of bonds heretofore in use for their respective purposes. They may be altered as circumstances require.
Statutory Form of Bond with Sureties.
I accept appointment as executor, administrator, etc., of and stand bound in the sum of dollars, with and as sureties to perform the statutory condition and we said sureties stand bound jointly and severally as aforesaid.
Dated Seal.
Statutory Form of Bond without Sureties.
I accept appointment as executor, administrator, etc., of and stand bound to perform the statutory condition.
Dated Seal.
No penal sum need be inserted in a bond without sureties. In addition to other remedies, the obligations of the several bonds provided for in this chapter may be enforced directly by any party interested in his own name by petition in equity in the probate court. The use of the statutory forms above set forth may be substituted for the longer forms heretofore in use and the practice of issuing and recording letters of appointment may be dispensed with.